Are we sure trade secrets are the way to go for protecting your AI? Trade secrets for AI are at risk due to potential regulatory measures by the U.S government. The President’s 2023 Executive Order on AI does not address its impact on trade secret protections for AI. AI innovations are often kept as trade secrets, especially for AI providers who use SaaS, which makes reverse engineering impossible. However,… READ MORE → © 2024 Wood Phillips

[Without intellectual property (IP), you are replaceable,...] ...and without implementing AI successfully, you will be replaced. Hyperbole? No, at least not for many industries. Businesses and individuals who figure out how to implement AI successfully will operate far more efficiently than those who don’t. And the already starving artist is facing its greatest existential crisis; there’s seemingly nothing to do but protest. Employee displacement by generative AI—which generates high-quality text, images, … READ MORE → © 2024 Wood Phillips

Without intellectual property (IP), you are replaceable.... If your business has no IP, you are replaceable. By any of your competitors. How much of your potential patent, trademark, copyright, and trade secret rights (the 4 main categories of IP) have you realized? This article is the definitive visual guide for understanding IP and your tech company. It provides a strategic roadmap for… READ MORE -> © 2024 Wood Phillips

Your employees’ use of AI in developing your company’s products or services puts your company’s intellectual property rights at risk. According to a Salesforce Nov. 2023 survey: 55% of all employees have used unapproved generative AI tools at work, and 40% of all workplace generative AI users have used banned tools at work. But when your employees leverage generative AI—with and in particular without permission—as part of your company’s research and development or marketing processes, they put your company at risk by: A. Jeopardizing your company’s patent and trade secret rights through: 1. Public disclosure of your company’s proprietary information. All prompts your employees type in to a generative AI and all output that is generated may potentially be deemed public disclosures. This potentially destroys any proprietary rights you might have over the information and also potentially invalidates any IP rights over any innovations you may have developed based on it. 2. Loss of ownership of your company’s patent rights. Your employees’ use of generative AI in R&D inherently leaves your company subject to subsequent challenges that your inventive process did not have the requisite “significant contributions” from a human being to be eligible for a patent. B. Putting your company at risk of third-party copyright and other IP infringement claims. Your employees’ use of AI to generate text, images, music, etc. inherently puts your company at risk of third-party copyright and other infringement claims based on the AI’s use of copyrighted works to train its models. Mitigating against these risks—and against spiraling litigation costs spent countering such ownership, invalidity, and third-party infringement challenges—from the start will help you sidestep such future landmines. © 2024 Wood Phillips